[Federal Register Volume 61, Number 233 (Tuesday, December 3, 1996)]
[Proposed Rules]
[Pages 64041-64042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30722]


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DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 122


Addition of Midland International Airport to List of Designated 
Landing Locations for Private Aircraft

AGENCY: Customs Service, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations by 
adding the user-fee airport at Midland, Texas (Midland International 
Airport) to the list of designated airports at which private aircraft 
arriving in the Continental U.S. via the U.S./Mexican border, the 
Pacific Coast, the Gulf of Mexico, or the Atlantic Coast from certain 
locations in the southern portion of the Western Hemisphere must land 
for Customs processing. This proposed amendment is made to improve the 
effectiveness of Customs enforcement efforts to combat the smuggling of 
drugs by air into the United States. This proposed amendment, if 
adopted, would also improve service to the community, by relieving 
congestion at Presidio-Lely International, Del Rio International, and 
Eagle Pass Municipal Airports, which are also located in Texas.

DATES: Comments must be received on or before February 3, 1997.

ADDRESSES: Written comments (preferably in triplicate) may be addressed 
to U.S. Customs Service, Office of Regulations and Rulings, Regulations 
Branch, Franklin Court, 1301 Constitution Avenue, NW., Washington, D.C. 
20229. Comments submitted may be inspected at the Regulations Branch, 
Office of Regulations and Rulings, located at Franklin Court, 1099 14th 
St., NW, Suite 4000, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Gay Laxton, Passenger Operations 
Division, Office of Field Operations, (202) 927-5709.

SUPPLEMENTARY INFORMATION:

Background

    As part of Customs efforts to combat drug-smuggling efforts, 
Customs air commerce regulations were amended in 1975 to impose special 
reporting requirements and control procedures on private aircraft 
arriving in the Continental United States from certain areas south of 
the United States. T.D. 75-201. Thus, since 1975, commanders of such 
aircraft have been required to furnish Customs with timely notice of 
their intended arrival, and certain private aircraft have been required 
to land at certain airports designated by Customs for processing. In 
the last twenty years the list of designated airports for private 
aircraft has changed and the reporting requirements and control 
procedures--now contained in Subpart C of Part 122 of the Customs 
Regulations (19 CFR Subpart C, Part 122)--have been amended, as 
necessary.
    Specifically, Sec. 122.23 (19 CFR 122.23) provides that subject 
aircraft arriving in the Continental U.S. must furnish a notice of 
intended arrival to the designated airport located nearest the point of 
crossing. Section 122.24(b) provides that, unless exempt, such aircraft 
must land at the designated airport for Customs processing and 
delineates the airports designated for private aircraft reporting and 
processing purposes. There are currently 30 designated airports listed 
at Sec. 122.24(b).
    Community officials from Midland, Texas, have written Customs 
requesting that the user-fee airport there (Midland International 
Airport) be added to Customs list of airports designated for private 
aircraft reporting and processing. The request is based both on 
considerations of the strategic location of the airport--between the 
communities of El Paso and Laredo, Texas--and because the airport has 
become a modern, well-equipped airport that can accommodate corporate 
aircraft.
    Customs has determined that the addition of Midland International 
Airport to the list of designated landing sites for private aircraft 
will improve the effectiveness of Customs drug-enforcement programs 
relative to private aircraft arrivals, as Midland is adjacent to the 
Southwest Border of the U.S. and is on a regularly traveled flight 
path. Further, the designation would enhance the efficiency of the 
Customs Service, as the airport is close to the normal work location 
for inspectional personnel assigned to the Del Rio-Eagle Pass-El Paso-
Laredo-Presidio Ports-area. In this regard, it is pointed out that the 
private aircraft processing services Customs provides at the Presidio, 
Del Rio, and Eagle Pass Airports will continue; designating Midland 
International Airport is meant to provide an alternative airport to 
these other airports in order to relieve air traffic congestion at 
those locations.
    Although notice of this proposed designation is not required to be 
published in the Federal Register, comments are solicited from 
interested parties concerning whether or not the Midland International 
Airport should be designated as an airport for the landing of private 
aircraft.

Comments

    Before adopting this proposal as a final rule, consideration will 
be given to any written comments timely submitted to Customs. Comments 
submitted will be available for public inspection in accordance with 
the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4 of the Treasury 
Department Regulations (31 CFR 1.4), and Sec. 103.11(b) of the Customs 
Regulations (19 CFR 103.11(b), on regular business days between the 
hours of 9 a.m. and 4:30 p.m. at the Regulations Branch, Office of 
Regulations and Rulings, U.S. Customs Service, 1099 14th St., NW, 4th 
floor, Washington, DC.

Inapplicability of the Regulatory Flexibility Act and Executive 
Order 12291

    This proposed amendment seeks to expand the list of designated 
airports at which private aircraft may land for Customs processing. 
Although this document is being issued with notice for public comment, 
because it relates to agency management and organization, it is not 
subject to the notice and public procedure requirements of 5 U.S.C. 
553. Accordingly, this document is not subject to the provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Agency organization 
matters such as this document are exempt from consideration under E.O. 
12866.

Drafting Information

    The principal author of this document was Gregory R. Vilders, 
Regulations Branch.

List of Subjects in 19 CFR Part 122

    Air carriers, Air transportation, Aircraft, Airports, Customs 
duties and inspection, Drug traffic control, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements, 
Security measures.

[[Page 64042]]

Proposed Amendment to the Regulations

    For the reasons stated above, it is proposed to amend part 122, 
Customs Regulations (19 CFR part 122), as set forth below:

PART 122--AIR COMMERCE REGULATIONS

    1. The authority citation for Part 122 continues to read as 
follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, 1433, 1436, 1459, 
1590, 1594, 1623, 1624, 1644; 49 U.S.C. App. 1509.


Sec. 122.24  [Amended]

    2. In Sec. 122.24, paragraph (b) is amended by adding, in 
appropriate alphabetical order, ``Midland, TX'' in the column headed 
``Location'' and, on the same line, ``Midland International Airport.'' 
in the column headed ``Name''.
Samuel H. Banks,
Acting Commissioner of Customs.
    Approved: November 8, 1996.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-30722 Filed 12-2-96; 8:45 am]
BILLING CODE 4820-02-P